Under the law, disability is defined as the inability to perform a full-time job in a regular competitive work environment due to a physical or emotional problem or a combination of physical and emotional problems that your doctor feels makes you unable to work. In addition, the disability must be expected to last at least 12 months.

It is important to note that the determination of whether or not you are disabled does not hinge on whether you can do the job you did previously, but whether, considering your age, education and work history, you would be unable to perform any job that exists in the national economy on a full-time basis. The rules are more lenient for those who are over 50 years of age, because the law assumes that as you get closer to retirement age you are less adaptable. By the same token, those under 50 must clear much higher hurdles in order to receive benefits.

With that definition in mind, to obtain benefits you must have a doctor state that you are unable to work a normal, competitive, 5-day a week, 8-hour a day job. The doctor’s opinion must be supported by ‘medically acceptable clinical and laboratory findings’. Unfortunately, many genuinely disabling conditions are difficult to diagnose by objective testing.

How do I apply for social security disability?

You must contact your local Social Security office at 1-800-772-1213 and inform them that you wish to apply for disability benefits. They will take information from you and process your application. You may also obtain the forms needed to file a claim online.

When should I apply for SSDI?

A good rule of thumb is to apply as soon as you and your doctors agree that your disability is going to last a full year. This is important because it can take many months for Social Security to approve or deny your claim. When you are ready to file you can obtain the necessary forms from your local Social Security Office or by applying online.

What steps are involved in the SSDI process?

There may be as many as five steps involved.

1. Complete the forms, make sure that you have gathered and submitted all the information necessary, and submit your claim.

2. While you may be awarded benefits when you first apply, most claims are denied. If your claim is denied, you will then have to file for reconsideration. Reconsideration is the stage in the process in which you are least likely to be granted benefits.

3. If you are again denied, you must request a hearing in front of an Administrative Law Judge. You must be prepared to present medical evidence and you will have the opportunity to tell the judge in your own words why you can’t work.

4. If you are again denied, you have the right to bring your claim before The Appeals Council. The Appeals Council can also deny your claim or send the case back to an Administrative Law Judge for another hearing. In some instances, they will reverse the case quickly and order the system to pay your claim.

5. If you lose at every stage of the administrative process, you are entitled to file in the United States District Court.

Do I have the right to be represented by an attorney?

If you think the system is designed to discourage disabled workers from seeking the benefits they’ve earned and that their families may desperately need, you’re right. The process is extremely difficult to navigate and a it can be years before a final decision is handed down. Not to mention the fact that you’ll be attempting to battle the bureaucracy while you’re struggling to deal with your disability and the financial problems that accompany being unable to work.

That’s why the law allows you to be represented by professionals who understand the system—like the legal team at Anzellotti, Sperling, Pazol, and Small.

Does having legal representation really make a difference?

Yes. According to report issued by the U.S. Inspector General in August of 2010, being represented by counsel does make a notable difference in the outcome of SSDI claims.